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or soldiers dying in the service of the said Company out of the United Kingdom, to ask, demand, and receive any such effects to which their authority shall extend, and to commence, prosecute, and carry on any actions or suits for the recovery thereof, and to sell and dispose of or otherwise deal with the same, without taking out any letters of administration, either with any will annexed or otherwise, in the same manner in every respect as if such officers or persons so authorized as aforesaid had been appointed executors, and had proved the will, or had taken out administration of such effects; and no administrator general or registrar of any court in the East Indies, or any person acting under the appointment or authority of such Court, ad colligenda or otherwise, or any other person, shall in any manner interpose in relation to any such effects, unless empowered so to do by any such officers or persons so authorized as aforesaid, any law, statute, or usage to the contrary notwithstanding; and all such officers and persons are, in the exercise of the powers hereby given, to follow any orders and directions which may from time to time be given on the subject by the military secretary of the government of the Presidency to which the deceased officer or soldier shall have belonged.

62. All sums of money due from deceased officers and soldiers in respect of military clothing, appointments, and equipments, in respect of servants' wages, in respect of household expenses incurred during the current month or since the last issue of pay, or in respect of quarters, or of mess, or band, or regimental accounts, and all sums of money due to any agent, or paymaster or quartermaster, or any other officer upon any such account, or on account of any advance made for any such purpose, and also any charges or expenses attending or relating to the illness or funeral of any such officer or soldier, and any sums of money due from deceased officers or soldiers which, by any Articles of War to be made under the powers of this Act, shall be directed to stand on the same footing as any of the matters before mentioned, shall be deemed and taken to be regimental debts, and shall be paid out of any arrears of pay or allowances, or out of any prize or bounty money, or the equipage, goods, and chattels of any officer or soldier dying out of the United Kingdom while in the service of the said Company, and out of any other effects of such officer or soldier so dying which may be collected or received by any officers or other persons acting under the authority of the Articles of War in manner herein before mentioned, in preference to any other debts, claims, or demands whatsoever upon the estate and effects of such officer or soldier; and if doubt shall arise as to whether any claim or demand made in relation to any officer or soldier is a regimental debt or not, or what is the proper amount of the same, or whether any such regimental debt remains due, such question shall be decided and concluded by any order or certificate to be

made by the military secretary to the government of the Presidency to which such officer or soldier shall have belonged, or by any other person whom such military secretary shall authorize to act for that purpose on his behalf, and all such payments shall be good and valid in law; and every person who shall make any such payment out of any such arrears of pay or other the premises aforesaid under the provisions of this Act, or in pursuance of any such order or certificate as aforesaid, or into whose hands any such money shall come, shall be and is hereby indemnified for and in respect of such payments, and all other acts, matters, and things to be done in pursuance of the provisions of this Act or of any such order or certificate, anything in any Acts or laws to the contrary notwithstanding.

63. All such regimental debts shall and may be paid without probate of any will being obtained or any letters of administration or any confirmation of testament or letters testamentary or dative being taken out by any person, and the surplus only of such arrears of pay or allowances, prize or bounty money, equipage, goods and chattels, and other effects to be collected and received as aforesaid, or the proceeds thereof, shall be deemed the personal estate of the deceased for the payment of any duty which may be claimable in respect of the same; and it shall be lawful for the military secretary aforesaid to order and direct the payment or distribution of any such surplus, to any amount not exceeding 1,000 Company's rupees, without any probate or letters of administration, or confirmation of testament or letters testamentary or dative, or payment of any duty; and it shall also be lawful for any paymaster or other person to issue any sum, not exceeding the value of 1,000 Company's rupees, which may be due to any deceased officer or soldier, unto the widow or relative of any officer or soldier deceased, or unto the representative or representatives of any such officer's widow or relative in India, in like manner, without any probate or letters of administration, or confirmation of testament or letters testamentary or dative, or payment of any duty, the same to be paid to the person who shall be notified by the said military secretary aforesaid as being entitled thereto or as being a proper person to receive the same; and all such payments respectively shall be as valid and effectual to all intents and purposes as if the same had been made by or to any executor or administrator, or under the authority of any probate or letters of administration, or confirmation of testament or letters testamentary or dative, anything in any Act or Acts or law or laws to the contrary notwithstanding.

64. Any effects or the proceeds or surplus of any effects which shall be collected or received under the authority of any Articles of War as aforesaid, if and when remitted to any person under any order of the said military secretary or to such military secretary, shall not, by reason of coming

to the hands of such person or military secretary, be taken to be assets or effects in the place to which such proceeds or surplus may be remitted, so as to render it necessary that administration should be taken out in respect thereof; and it shall be lawful for the military secretary aforesaid to order that such effects or the proceeds or surplus of any such effects shall be remitted to any place in India, either to himself or to any other person or persons by whom the same can more conveniently be paid over to the person or persons entitled thereto; and the obedience to the orders of such military secretary in respect to the payment and disposal of any such effects, proceeds, or surplus of such effects shall be a sufficient discharge from all actions, suits, and demands in respect thereof to all persons to whose hands any such effects, proceeds, or surplus shall have come, and by whom the same shall have been paid and disposed of under the order of such military secretary.

65. The effects or the proceeds or surplus of the effects collected or received under the authority of any Articles of War as aforesaid, which shall remain after satisfying such regimental debts as aforesaid, and subject to any such payment, distribution, or disposal thereof as is herein before authorized, shall with all convenient speed be transmitted to such military secretary as aforesaid by the officers or persons employed or required to take care of, collect, and receive the same, and such military secretary shall cause the same or the surplus thereof remaining after satisfying such debts, and subject to such payment and distribution as aforesaid, to be paid to the executor or legal representative (if in India) of such officer or soldier, or if there shall be no such executor or legal representative in India, or no such executor or legal representative shall within twelve months from the death of such officer or officers claim such surplus, then and in that case such military secretary shall remit the said surplus to the Court of Directors of the East India Company in London, to be by them paid to the executor or legal representative of such officer or soldier so deceased, and such remittance at the end of twelve months as aforesaid shall be a discharge to such military secretary from all actions, suits, and demands in respect of such surplus: Provided always, that the administrator general or registrar of Her Majesty's several supreme courts in India shall not, nor shall any other person by virtue of his office, be required or entitled to take out letters of administration with the will annexed or otherwise in respect of such surplus, nor in any manner to interpose in relation thereto, unless expressly authorized so to do by the said military secretary; and in all cases in which the surplus so to be remitted by the said military secretary to the said Court of Directors in London shall not exceed 100l., it shall be lawful for the said Court of Directors to order and direct the payment and distribution thereof to such persons as they shall

determine to be entitled thereto, without any probate, letters testamentary or dative, or payment of any duty.

66. It shall be lawful for Her Majesty, by any Articles of War to be made by her as aforesaid, to make provision for collecting any effects of deserters, and for payment out of the same of any regimental debts and quarters of the deserters, and for carrying the balance to the credit of the East India Company for the use of the said Company, and all questions respecting any such regimental debts may be determined and concluded in such manner as hereinbefore is provided.

67. In all places where the said Company's forces now are or may be employed, or where any body of Her Majesty's forces may be serving with the forces of the said Company situate beyond the jurisdiction of any courts of requests, or other courts for enforcing small demands, established at the cities of Calcutta, Madras, and Bombay respectively, actions of debt, and all personal actions against officers or against persons licensed to act as sutlers, or other persons amenable to the provisions of this Act not being soldiers, shall be cognizable before a court of requests composed of military officers, and not elsewhere, provided the value in question shall not exceed 400 Company's rupees, and that the defendant was a person of the above description when the cause of action arose, which Court the commanding office of any camp, garrison, or cantonment is hereby authorized and empowered to convene ; and the said Court shall in all practicable cases consist of five commissioned officers, and in no instance of less than three, and the president thereof shall in all practicable cases be a field officer, and in no case be under the rank of a captain, and every member shall have served five years as a commissioned officer; and the president and members assisting at any such court, before any proceedings be had before it, shall take the following oath, which oath shall be administered by the president of the court to the other members thereof, and to the president by any member having first taken the oath ; (that is to say,) swear, that I will duly administer 'justice according to the evidence in the matters 'that shall be brought before me.

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So help me God.' And all witnesses before any such Court shall be examined in the same manner as in the case of a trial by court-martial, and it shall be competent for such Court, upon finding or awarding any debt or damage, either to award execution thereof generally, or to direct specially that the whole or any part thereof shall be stopped and paid over to the plaintiff out of any part not exceeding one half of any pay or allowance, or out of any other public money which may respectively be coming to the defendant in the current or any future

month or months, or to direct the same to be so paid by instalments; and in all cases where the execution shall be awarded generally the debt, if not paid forthwith, shall be levied by seizure and public sale of such of the defendant's goods and property as may be found within the camp, garrison, or cantonment under a written order of the commanding officer, grounded on the judgment of the Court; and all orders of such commanding officer as to the manner of such sale, or the person by whom the same shall be made, or otherwise respecting the same, shall be valid and binding; and any goods and property of the defendant found within the limits of the camp, garrison, or cantonment to which the defendant shall belong at any subsequent time shall be liable to be seized and sold in like manner in satisfaction of any remainder of such debt or damages; and if any question shall arise whether any such effects or property are liable to be taken in execution as aforesaid, the decision and order of the said commanding officer shall be final and conclusive with respect to the same, and if sufficient goods shall not be found within the limits of the camp, garrison, or cantonment, then any public money or any part not exceeding one half of the pay or allowances accruing to the defendant shall be stopped in liquidation of such debt or damages; and if such defendant shall not receive pay as an officer or from any public department, but be a sutler, servant, or follower, he may be arrested by like order of the commanding officer, and imprisoned in some convenient place within the military boundaries for any period not exceeding two months, unless the debt be sooner paid; and the said commanding officer shall not, nor shall any person acting on his orders in respect of the matters aforesaid, incur any liability to any person or persons whomsoever for any act done by him in pursuance of the provisions aforesaid; and in cases where the said Court shall direct specially that the whole or any part of the debt or damages shall be stopped and paid out of part of any pay or allowances, or out of any public money, the same shall be stopped and paid accordingly in conformity with such direction: Provided always, that nothing herein before contained shall enable any such action as aforesaid to be brought in the said court by any officer or soldier against any officer.

68. Any action which shall be brought against any person for anything to be done in pursuance of this Act shall be brought within six months after the doing thereof; and it shall be lawful for every such person to plead thereunto the general issue of not guilty, and to give all special matter in evidence to the jury; and if the verdict shall be for the defendant in any such action, or the plaintiff therein become nonsuited or suffer any discontinuance thereof, the Court in which the said matter shall be tried shall allow unto the defendant treble costs, for which the said defendant

shall have the like remedy as in other cases where costs are given to defendants; and every action against any person for anything done in pursuance of this Act, or against any member of a courtmartial in respect of any sentence of such Court, or of anything done by virtue or in pursuance of such sentence, shall be brought in some of the courts of record at the Presidencies in India, or in the courts of record at Westminster or in Dublin, or the Court of Session in Scotland, and in no other court whatsoever.

69. All penalties and forfeitures by this Act imposed may and shall be sued for and be recoverable in any court of record at the said Presidencies or in any other court in India in which under any laws made or to be made in India the penalty would be recoverable if the same had been incurred by the offender in breach of any other law: Provided always, that no action shall be brought or prosecution carried on by virtue of this Act for any such penalties or forfeitures as aforesaid, unless the same be commenced within six months after the offence is committed.

70. One moiety of every penalty, not including any treble value of any articles adjudged or recovered under the provisions of this Act, shall go to the person who shall inform or sue for the same, and the remainder of the penalty, together with the treble value of any such articles, or where the offence shall be proved by the person who shall inform the whole of the penalty, shall be paid to the military secretary of the government of the Presidency to which the Court by whom the penalty shall be adjudicated shall be subject, and shall abide the disposal of such military secretary; and the Court which shall adjudge any penalty under this Act shall immediately report the same to the said secretary.

71. In all cases where any oath is hereby required to be taken, or any person is hereby required to be sworn, a solemn declaration or affirmation may be substituted, if by the laws for the time being in force in India such declaration or affirmation would be allowed to be substituted in the place of an oath in case the party were about to depose as a witness in a civil action in any of the supreme courts at the Presidencies; and any person wilfully and knowingly giving false testimony on oath, or solemn declaration or affirmation, in any case wherein such oath or solemn declaration or affirmation shall have been made for the purpose of this Act or any proceedings under this Act, shall be deemed guilty of wilful and corrupt perjury, and being thereof duly convicted shall be liable to such pains and penalties as by any law in force in England or by any law in force in India any persons convicted of wilful and corrupt perjury are subject and liable to, and every commissioned officer convicted before a general courtmartial of perjury shall be cashiered, and every

soldier or other person amenable to the provisions of this Act found guilty thereof by a general or other court-martial shall be punished at the discretion of the Court.

72. All crimes and offences which have been committed against the said Act, 12 & 13 Vict. c. 43, herein before mentioned, or against any of the Articles of War made and established by virtue of the same, may be inquired of and punished in like manner as if they had been committed against this Act; and every warrant or order for holding any court-martial under the said Act shall remain in full force, and all proceedings of court-martial convened and held under any such warrant or order shall be still continued: Provided always, that no person shall be liable to be tried or punished for any offence against the said Act or this Act, or the Articles of War made or to be made by virtue of the same Acts or either of them, which shall appear to have been committed more than three years before the date of the warrant or order for such trial, unless the person accused, by reason of his having absented himself or of some other manifest impediment, shall not have been amenable to justice within that period, in which case such person shall be liable to be tried at any time not exceeding two years after the impediment shall have ceased.

73. Nothing in this Act contained shall in any manner affect Her Majesty's royal prerogative of mercy.

74. Nothing herein contained shall affect the provisions of an Act, 7 & 8 Vict. c. 18, intituled An Act to remove Doubts as to the Power of appointing, convening, and confirming the Sentences of Courts - martial in the East Indies,' and all the provisions thereof shall, after the passing of this Act, apply and be in full force and effect, unless and except so far as the provisions thereof may in any respect be inapplicable.

75. This Act shall commence and take effect from and after the 1st of January 1858, and from and after such day all powers and provisions contained in the said Act, 12 & 13 Vict. c. 43, except as hereinafter is particularly provided, shall cease and determine, and from and after the same day the Articles of War made by Her Majesty in pursuance of the said Act shall cease and determine; provided nevertheless, that full effect shall be given to the provisions hereinbefore contained respecting the punishment of offences against the said former Act and otherwise as herein before is mentioned, and that, so far as may be necessary to give full effect to such provisions, the said Act, 12 & 13 Vict. c. 43, and the Articles of War made in pursuance of the same, shall be deemed to be in full force; and provided also, that the repeal of the same Act shall not operate to revive any former Act; and provided also, that the provisions contained in the Act, 3 & 4 Vict. c. 37, concerning or in any way relating to the Indian navy, shall not be affected by this Act.

SCHEDULE to which this Act refers.

FORM of OATH to be taken by the President and Members of Courts-Martial.

You shall well and truly try and determine according to the Evidence in the Matter now before you.

So help you GOD.

You shall duly administer Justice according to the Rules and Articles for the better Government of the Forces of the East India Company, and according to an Act of Parliament now in force for the Punishment of Mutiny and Desertion of the said Forces and other Crimes therein mentioned, without Partiality, Favour, or Affection, and if any Doubt shall arise which is not explained by the said Articles or Act according to your Conscience, the best of your Understanding, and the Custom of War in the like Cases; and you shall not divulge the Sentence of the Court until it shall be duly approved or published in Orders; neither shall you upon any account, at any Time whatsoever, disclose or discover any Vote or Opinion of any particular Member of the Court-martial, unless required to give Evidence thereof as a Witness by a Court of Justice or a Courtmartial in due Course of Law.

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So help you GOD.

FORM of OATH to be taken by the Judge Advocate (or Person officiating as such).

do swear, That I will not, upon any account whatsoever, disclose or discover the Vote or Opinion of any particular Member of the Court-martial, unless required to give Evidence thereof as a Witness by a Court of Justice or a Court-martial in due Course of Law; and that I will not, unless it be necessary for the due Discharge of my official Duties, disclose the Sentence of the Court until it shall be duly approved.

So help me GOD.

CAP. LXVII.

An Act to extend the Time for enabling the Commissioners of Her Majesty's Works to complete Improvements in Pimlico and in the Neighbourhood of Buckingham Palace. (25th August 1857.)

CAP. LXVIII.-IRELAND.

An Act to enable the Lord Lieutenant to appoint Revising Barristers for the Revision of Lists and Registry of Voters for the City of Dublin.

(25th August 1857.)

ABSTRACT OF THE ENACTMENTS.

1. Power to Lord Lieutenant to appoint two barristers under section 161. of 14 & 15 Vict. c. 57.

2. Powers, duties, and remuneration of revising barristers.

3. Vacancies in office of revising barrister to be filled up.

4. Oath to be taken by revising barrister before acting.

5. In case of illness or absence of revising barrister Lord Chancellor may appoint deputy. 6. Remuneration of deputies.

By this Act,

After reciting that by an Act, 2 & 3 Will. c. 88, the chairman of Sessions for the county of Dublin was empowered to register voters for the city of Dublin, and to discharge the duties of all registries subsequent to the first by deputy: and that by an Act, 13 & 14 Vict. c. 69, the said chairman and his deputy, having jurisdiction under the said recited Act, 2 & 3 Will. c. 88, were, and each of them was, empowered to hold a court for the purposes of the new registration and the annual revision of the lists in the said Act of Her present Majesty mentioned: and that by an Act, 14 & 15 Vict. c. 57, the Lord Lieutenant was empowered, on the death, resignation, or removal of the then chairman of Sessions for the county of Dublin, to nominate and appoint an assistant barrister for the said county in the place and stead of a chairman of Sessions, and also to nominate and appoint a practising barrister, qualified as by the said Act, 14 & 15 Vict. c. 57, is provided, during good behaviour, to discharge the duties imposed upon the said chairman by the said Act, 2 & 3 Will. 4. c. 88, with respect to the registration of voters in and for the city of Dublin, and subject to the like provisions, with the like powers, and to be remunerated in like manner as if he had been appointed a deputy of said chairman: and that by an Act, 16 & 17 Vict. c. 58, intituled 'The Dublin Parliamentary Revising Act, 1853,' it was recited, that by reason of the great number of persons claiming to be registered in and for the city of Dublin it was expedient to empower the said chairman of Sessions to appoint additional deputies, and it was thereby enacted, that the said chairman, with the consent of the Lord Lieutenant, should, by warrant under his hand, nominate and

appoint any number of barristers of the Irish bar not exceeding three, of six years' standing at the least, (to be called revising barristers,) to be in the place and stead of the said chairman of Sessions in order, by subdivision between them to discharge the duties imposed on the said chairman by the said recited Acts, 2 & 3 Will. 4. c. 88. and 13 & 14 Vict. c. 69; but no power was given to the Lord Lieutenant, on the death, resignation, or removal of the chairman of the Sessions for the county of Dublin, to appoint more than one barrister to discharge the duties aforesaid: and that upon the death of Henry Kemmis Esquire, late chairman of Sessions for the county of Dublin, an assistant barrister for the said county was appointed, and the said office of chairman of Sessions for the said county has ceased to exist, and the authority of the deputies of the said chairman has determined: and that by reason of the great number of claims and objections to be disposed of in the revision of the lists and registration of voters for the city of Dublin it is necessary to make further provision for the purpose of securing a complete annual revision of lists and registry of voters for the said city:

It is Enacted as follows (that is to say,):

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1. Instead of one barrister whom the Lord Lieutenant has power to appoint, under section 161. of the said recited Act, 14 & 15 Vict. c. 57, the Lord Lieutenant shall have power to appoint two barristers, qualified as by said section is provided, to discharge the duties therein mentioned.

2. The barristers so to be appointed shall be called "Dublin Revising Barristers," and shall

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